IN RE_ REFERENCE NO.1 OF 2006 North-West Frontier Province vs not
This reference matter concerns the scrutiny of the North-West Frontier Province Hisba Bill, 2006 by the Supreme Court of Pakistan following a previous advisory opinion regarding the Hisba Bill, 2005. The core legal question was whether the Provincial Legislature had complied with the earlier judicial opinion while enacting the Hisba Bill, 2006. The Court held unanimously that the opinion expressed in Reference No. 2 of 2005 had been largely complied with, except for sections 2(11) and 3(2) of the 2006 Bill, which required reconsideration by the Provincial Legislature. Additionally, the Court laid down the principle that any violation of section 23 of the Hisba Bill, 2006 shall not attract the penal or regulatory consequences outlined in section 14 of the same enactment.
- Whether the Provincial Legislature complied with the opinion expressed in Reference No. 2 of 2005 regarding the Hisba Bill?
- Do sections 2(11) and 3(2) of the Hisba Bill, 2006 conform to the required legal standards?
- Is a violation of section 23 of the Hisba Bill, 2006 subject to section 14 thereof?
' For the reasons to be recorded later, in our unanimous view, opinion expressed in Reference No,2 of 2005 (Hisba Bill, 2005) has been complied with except the provisions of the section 2(11) and section 3(2) of the Hisba Bill, which appears to have escaped the notice of the Provincial Legislature, which may now be given due consideration.
2. We are further of the opinion that any violation of the provisions of section 23 of the Hisba Bill, 2006 shall not be subject to section 14 hereof.
Cited by 2 cases
- Reference by the President of the Islamic Republic of Pakistan, under 2021 KLR Supreme Court Cases 104, 2021 PLD Supreme Court 480, PLJ 2021
- Reference No. 1 Of 2020: In the matter of vs N/A 2021 PLD Supreme Court 825